Common use of Required Minimum Clause in Contracts

Required Minimum. (a) The Borrower shall maintain a reserve of the Required Minimum from its duly authorized shares of Common Stock for issuance pursuant to the Loan Documents and the transactions contemplated thereby, in such amount as may then be required to fulfill its obligations in full under such Loan Documents, without regard to any conversion or exercise limits herein or therein. (b) If, on any date, the number of authorized but unissued (and otherwise unreserved) shares of Common Stock is less than 130% of (i) the Required Minimum on such date, minus (ii) the number of shares of Common Stock previously issued pursuant to the Loan Documents, then the Board of Directors of the Borrower shall use reasonable best efforts to amend the articles of incorporation of the Borrower to increase the number of authorized but unissued shares of Common Stock to at least 130% of the Required Minimum at such time (minus the number of shares of Common Stock previously issued pursuant to the Loan Documents), as soon as reasonable practicable and in any event not later than the 30th day after such date, provided that the Borrower will not be required at any time to authorize a number of shares of Common Stock greater than the maximum remaining number of shares of Common Stock that could possibly be issued after such time pursuant to the Loan Documents. (c) The Borrower shall (i) in the time and manner required by the NYSE American, prepare and file with the NYSE American a Supplemental Listing Application covering a number of shares of Common Stock at least equal to the Required Minimum on the date of such application, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing or quotation on NYSE American as soon as possible thereafter, (iii) provide to the Lender evidence of such listing or quotation and (iv) maintain the listing or quotation of such Common Stock on any date at least equal to the Required Minimum on such date on NYSE American. The Borrower agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.

Required Minimum. (a) The Borrower Company shall maintain a reserve of the Required Minimum from its duly authorized shares of Common Stock for issuance pursuant to the Loan Documents and the transactions contemplated thereby, this Agreement in such amount as may then be required to fulfill its obligations in full under such Loan Documentsthis Agreement, without regard to any conversion or exercise limits herein or therein. (b) If, on any date, the number of authorized but unissued (and otherwise unreserved) shares of Common Stock is less than 130% of (i) the Required Minimum on such date, minus (ii) the number of shares of Common Stock previously issued pursuant to the Loan Documentsthis Agreement, then the Board of Directors of the Borrower shall use reasonable best efforts to amend the articles Certificate of incorporation of the Borrower Incorporation to increase the number of authorized but unissued shares of Common Stock to at least 130% of the Required Minimum at such time (minus the number of shares of Common Stock previously issued pursuant to the Loan Transaction Documents), as soon as reasonable reasonably practicable and in any event not later than the 30th day after such date, provided that the Borrower Company will not be required at any time to authorize a number of shares of Common Stock greater than the maximum remaining number of shares of Common Stock that could possibly be issued after such time pursuant to the Loan Documentsthis Agreement. (c) The Borrower shall (i) in Prior to the time and manner required by date hereof, the NYSE American, prepare and file Company has filed with the NYSE American Nasdaq Global Market a Supplemental Listing Application of Additional Shares Notification under Listing Rule 5250(e)(2) (an “LAS Notification”) covering a number of shares of Common Stock at least equal to the Required Minimum on Minimum. Promptly following the date of such applicationhereof, (ii) the Company shall take all steps necessary to cause such shares of Common Stock to be approved for listing or quotation on NYSE American Nasdaq Global Market as soon as possible thereafter, (iii) provide to the Lender evidence of such listing or quotation and (iv) shall maintain the listing or quotation of such a numbers of shares of Common Stock on any date at least equal to the Required Minimum on such date on NYSE Americanthe Nasdaq Global Market. The Borrower Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer. Following the First Closing, the Company shall, from time to time as required, within the time period required by the Nasdaq Global Market, prepare and file with the Nasdaq Global Market a Change in Shares Outstanding.

Required Minimum. (a) The Borrower Company shall maintain a reserve of the Required Minimum from its duly authorized shares of Common Stock for issuance pursuant to this Agreement and in connection with the Loan Documents and exercise of the transactions contemplated thereby2020 Warrants, in such amount as may then be required to fulfill its obligations in full under such Loan Documentsthis Agreement and the 2020 Purchase Agreement, without regard to any conversion or exercise limits herein or therein. (b) If, on any date, the number of authorized but unissued (and otherwise unreserved) shares of Common Stock is less than 130% of (i) the Required Minimum on such date, minus (ii) the number of shares of Common Stock previously issued pursuant to this Agreement and the Loan Documents2020 Purchase Agreement, then the Board of Directors of the Borrower shall use reasonable best efforts to amend the articles Certificate of incorporation Incorporation to increase the number of the Borrower authorized but unissued shares of Common Stock to increase the number of authorized but unissued shares of Common Stock to at least 130% of the Required Minimum at such time (minus the number of shares of Common Stock previously issued pursuant to the Loan DocumentsTransaction Documents or the 2020 Purchase Agreement), as soon as reasonable reasonably practicable and in any event not later than the 30th day after such date, provided that the Borrower Company will not be required at any time to authorize a number of shares of Common Stock greater than the maximum remaining number of shares of Common Stock that could possibly be issued after such time pursuant to this Agreement or the Loan Documents2020 Purchase Agreement. (c) The Borrower Company shall (i) in the time and manner required by the NYSE American, prepare and file with the NYSE American a Supplemental Listing Application covering a number of shares of Common Stock at least equal to the Required Minimum on the date of such application, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing or quotation on NYSE American as soon as possible thereafter, (iii) provide to the Lender Purchaser evidence of such listing or quotation and (iv) maintain the listing or quotation of such Common Stock on any date at least equal to the Required Minimum on such date on NYSE American. The Borrower Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.

Required Minimum. (a) The Borrower Company shall maintain a reserve of the Required Minimum from its duly authorized shares of Common Stock for issuance pursuant to this Agreement and in connection with the Loan Documents exercise of the 2020 Warrants and the transactions contemplated thereby2021 Warrants, in such amount as may then be required to fulfill its obligations in full under such Loan Documentsthis Agreement, the 2020 Purchase Agreement, and the 2021 Purchase Agreements, without regard to any conversion or exercise limits herein or therein. (b) If, on any date, the number of authorized but unissued (and otherwise unreserved) shares of Common Stock is less than 130% of (i) the Required Minimum on such date, minus (ii) the number of shares of Common Stock previously issued pursuant to this Agreement, the Loan Documents2020 Purchase Agreement and the 2021 Purchase Agreements, then the Board of Directors of the Borrower shall use reasonable best efforts to amend the articles Certificate of incorporation Incorporation to increase the number of the Borrower authorized but unissued shares of Common Stock to increase the number of authorized but unissued shares of Common Stock to at least 130% of the Required Minimum at such time (minus the number of shares of Common Stock previously issued pursuant to the Loan Transaction Documents, the 2020 Purchase Agreement or the 2021 Purchase Agreements), as soon as reasonable reasonably practicable and in any event not later than the 30th day after such date, provided that the Borrower Company will not be required at any time to authorize a number of shares of Common Stock greater than the maximum remaining number of shares of Common Stock that could possibly be issued after such time pursuant to this Agreement, the Loan Documents2020 Purchase Agreement or the 2021 Purchase Agreements. (c) The Borrower Company shall (i) in the time and manner required by the NYSE American, prepare and file with the NYSE American a Supplemental Listing Application covering a number of shares of Common Stock at least equal to the Required Minimum on the date of such application, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing or quotation on NYSE American as soon as possible thereafter, (iii) provide to the Lender Purchaser evidence of such listing or quotation and (iv) maintain the listing or quotation of such Common Stock on any date at least equal to the Required Minimum on such date on NYSE American. The Borrower Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.

Required Minimum. (a) The Borrower Company shall maintain a reserve of the Required Minimum from its duly authorized shares of Common Stock for issuance pursuant to the Loan Documents and the transactions contemplated thereby, this Agreement in such amount as may then be required to fulfill its obligations in full under such Loan Documentsthis Agreement, without regard to any conversion or exercise limits herein or therein. (b) If, on any date, the number of authorized but unissued (and otherwise unreserved) shares of Common Stock is less than 130% of (i) the Required Minimum on such date, minus (ii) the number of shares of Common Stock previously issued pursuant to the Loan Documentsthis Agreement, then the Board of Directors of the Borrower shall use reasonable best efforts to amend the articles Certificate of incorporation of the Borrower Incorporation to increase the number of authorized but unissued shares of Common Stock to at least 130% of the Required Minimum at such time (minus the number of shares of Common Stock previously issued pursuant to the Loan Transaction Documents), as soon as reasonable reasonably practicable and in any event not later than the 30th day after such date, provided that the Borrower Company will not be required at any time to authorize a number of shares of Common Stock greater than the maximum remaining number of shares of Common Stock that could possibly be issued after such time pursuant to the Loan Documentsthis Agreement. (c) The Borrower Company shall (i) in the time and manner required by the NYSE American, prepare and file with the NYSE American a Supplemental Listing Application covering a number of shares of Common Stock at least equal to the Required Minimum on the date of such application, (ii) take all steps necessary to cause such shares of Common Stock to be approved for listing or quotation on NYSE American as soon as possible thereafter, (iii) provide to the Lender Purchaser evidence of such listing or quotation and (iv) maintain the listing or quotation of such Common Stock on any date at least equal to the Required Minimum on such date on NYSE American. The Borrower Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer.

Required Minimum. (a) The Borrower Company shall maintain a reserve of the Required Minimum from its duly authorized shares of Common Stock for issuance pursuant to the Loan Documents and the transactions contemplated thereby, this Agreement in such amount as may then be required to fulfill its obligations in full under such Loan Documentsthis Agreement, without regard to any conversion or exercise limits herein or therein. (b) If, on any date, the number of authorized but unissued (and otherwise unreserved) shares of Common Stock is less than 130% of (i) the Required Minimum on such date, minus (ii) the number of shares of Common Stock previously issued pursuant to the Loan Documentsthis Agreement, then the Board of Directors of the Borrower shall use reasonable best efforts to amend the articles Certificate of incorporation of the Borrower Incorporation to increase the number of authorized but unissued shares of Common Stock to at least 130% of the Required Minimum at such time (minus the number of shares of Common Stock previously issued pursuant to the Loan Transaction Documents), as soon as reasonable reasonably practicable and in any event not later than the 30th day after such date, provided that the Borrower Company will not be required at any time to authorize a number of shares of Common Stock greater than the maximum remaining number of shares of Common Stock that could possibly be issued after such time pursuant to the Loan Documentsthis Agreement. (c) The Borrower shall (i) in Prior to the time and manner required by date hereof, the NYSE American, prepare and file Company has filed with the NYSE American NASDAQ Global Market a Supplemental Listing Application of Additional Shares Notification under Listing Rule 5250(e)(2) (an “LAS Notification”) covering a number of shares of Common Stock at least equal to the Required Minimum on Minimum. Promptly following the date of such applicationhereof, (ii) the Company shall take all steps necessary to cause such shares of Common Stock to be approved for listing or quotation on NYSE American NASDAQ Global Market as soon as possible thereafter, (iii) provide to the Lender evidence of such listing or quotation and (iv) shall maintain the listing or quotation of such a numbers of shares of Common Stock on any date at least equal to the Required Minimum on such date on NYSE Americanthe NASDAQ Global Market. The Borrower Company agrees to maintain the eligibility of the Common Stock for electronic transfer through the Depository Trust Company or another established clearing corporation, including including, without limitation, by timely payment of fees to the Depository Trust Company or such other established clearing corporation in connection with such electronic transfer. Following the First Closing, the Company shall, from time to time as required, within the time period required by the NASDAQ Global Market, prepare and file with the NASDAQ Global Market a Change in Shares Outstanding.